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Employment Law e-bulletin December 2020 Welcome to our last employment e-bulletin of 2020. As we reach the end of a year like no other, we take a look back at what has happened in the world of employment law in our review of the year. While finding good news has not always been easy in 2020, our review is a reminder that there have been some steps taken in employment law which have the potential to act as a foundation for positive change moving forward. The start of this month has brought with it the best news of the year so far - the approval of one vaccine for use in the UK as well as promising results from two others. Vaccines won't, of course, be available in time to allow face to face festive celebrations and this month we find ourselves wondering if, despite all the restrictions, we can save the office Christmas party?
Innes Clark, Head of Employment Team
After a flurry of activity in early November we now have a clear idea of how extended furlough works and how it differs from the previous scheme in areas including claiming for employees working notice and time limits for making claims. Follow the links for more information on how the new scheme will work, a summary of the UK Government guidance and our Extended CJRS FAQ. For employers who are having to consider redundancies over the coming months, please listen to our redundancy procedure podcast series. These practical bite size guides provide employers with practical hints and tips throughout the redundancy process. Away from the pandemic, we highlight the recently launched UK Government consultation on post-termination non-compete clauses in contracts of employment. We also look at a very recent decision that has come as something of a curveball from the Court of Justice of the European Union in relation to collective consultation. We also look at a recent age discrimination case which may make justifying indirect discrimination on the ground of costs a little bit easier. In addition, a High Court case, in the absence of an appeal, may result in certain health and safety protections being extended to include workers. The end of 2020 means Brexit and the end of the transition period. This month immigration
specialist, Stuart McWilliams, looks at how the new points based immigration system will impact on agricultural workers. As usual, we have our Employment Law Covid-19 Round up, an overview of what else is happening in employment law and, in our Blog of the Month, Innes Clark considers Covid-19's legacy for the world of work - agile working. Finally, as we head towards the holiday season we would like to take the opportunity to send out our thanks and best wishes for 2021 to all of our subscribers. Also a reminder that we have launched a fixed-price online mediation service for employment disputes in response to what we predict will be a changing demand for how disputes are resolved, accelerated by the current pandemic. Headed by David Hossack, one of the most experienced mediators in Scotland, the service provides a swift and cost effective way of resolving employment disputes. This month's topics Employment law review of the year 2020 - in a year like no other we look back at what has happened in the world of employment law. Extended CJRS grant cannot be claimed for employees working notice from 1 December the change in policy from the previous scheme has been confirmed in updated guidance. Time limits for making CJRS claims - there are stricter time limits for making claims in the extended CJRS and very few acceptable excuses for missing them. Extended CJRS FAQ - we answer frequently asked questions about the extended Coronavirus Job Retention Scheme. Redundancy procedure podcast series - our practical series of podcasts provides employers with practical hints and tips throughout the redundancy process. Can we save the office Christmas party? - this year, perhaps more than ever, we all need to relax and reconnect with colleagues. UK Government consultation to consider banning post-termination non-compete restrictions - the UK Government has launched a consultation looking at these restrictions which often appear in contracts of employment. Collective Consultation - hindsight is a wonderful thing. High Court holds workers should have same health and safety protections as employees in the absence of a successful appeal, legislation will need to be introduced to extend the scope of protections to include "workers". Cost cutting versus absence of means - the Court of Appeal has looked again at what the indirect discrimination "costs plus" rule means in the real world. What do the new immigration rules mean for agricultural jobs? - what impact will the new points based system have in recruitment of agricultural workers? Employment law COVID-19 round up - our monthly look at the employment law COVID-19 news you may have missed. What else is happening in employment law? - our monthly round up of the rest of the employment law news. Blog of the month - Innes Clark looks at Covid-19's legacy for the world of work - agile working. Our weekly employment law podcasts You can listen to our most recent employment law podcasts by clicking on the links below:Caution for employers when dealing with transphobic harassment David Hossack talks to Sarah Gilzean about the case of Taylor v Jaguar Land Rover, which found that non-binary employees are covered by the Equality Act and offers a stark warning for employers who fail to adequately support transgender employees. Is it discrimination to be dismissed for Facebook posts opposing LGBT education? David Hossack talks to Sarah Gilzean about a recent case where the claimant's religious views were found to be protected by the Equality Act but the employer was found not to have
discriminated because of those views. Can employers really pay people with red hair more? David Hossack talks to Sarah Gilzean about how far employers have to go to explain pay differences between men and women in equal pay cases. Employment Tribunal Award Statistics: one drunk man and a lamppost...what's the connection? Innes Clark and David Hossack illuminate the recently published Employment Tribunal award statistics. Our app You can download our free Employment Law App MF HR Mobile for both Android and iPhone. This includes calculators for unfair dismissal awards, maternity pay and statutory redundancy payments, as well as key employment law facts, figures and fingertip guides. It also includes this monthly e-bulletin and access to all of our employment law podcasts. Contact us If you have any questions on the content of this e-bulletin or if you would like to discuss any other employment issue then please contact any of the Employment Law Partners listed below or speak to your usual Morton Fraser employment team contact:Innes Clark on 0131 247 1181 / innes.clark@morton-fraser.com; Lindsey Cartwright on 0141 274 1141 / lindsey.cartwright@morton-fraser.com; David Hossack on 0131 247 1024 / david.hossack@morton-fraser.com; or David Walker on 0141 274 1146 / david.walker@morton-fraser.com.
Employment Law Guide & Employment Timeline To see our Brief Guide to Employment Law in Scotland, England and Wales, click here. For details of upcoming changes in employment law, see our Updated Employment Law Reform Timeline.
Employment Law Fact Card - 2020/21 edition Our Employment Law Fact Card is full of useful information for employers including disciplinary and redundancy checklists, Employment Tribunal award limits, family friendly leave entitlements and national minimum wage rates. If you are not already on our mailing list and would like a hard copy of our free Fact Card please email us at employment@morton-fraser.com with your name and postal address and we will send it on to you. Alternatively, you can access an electronic version here. You can also find lots of useful employment law information on our free app which is available to download from the App Store or Google Play. For further details and a link to the download see: MF HR Mobile - Our Employment Law App "...the app is gorgeous, very well designed with great functionality and looks." - Legal IT Insider (www.legaltechnology.com)
Employment Law Support for your Organisation How we can help Clear employment law advice from one of the leading employment teams in Scotland. More Law Society accredited specialists than any other team in Scotland Clear, pragmatic, cost effective, legally privileged advice
Fixed fee packages available (including Tribunal awards insurance, if required) A highly professional and responsive service‌very approachable and always easily contactable Chambers and Partners. Contact innes.clark@morton-fraser.com to find out more. Employment law training We offer a practical series of employment law courses covering key employment law and related HR issues including:Disciplinary and grievance issues training Managing employees (Performance) training Managing employees (Sickness Absence) training Discrimination and harassment training Employment Tribunal Procedure and Witness Familiarisation training Immigration & Employment training GDPR: the practical day to day skills you need to know in the workplace For further information please contact Innes Clark on 0131 247 1181 or at innes.clark@mortonfraser.com. A little more help The information contained in our Factcard, and much more, can also be accessed via our Employment Law app. Search for MFHRMobile at the App store or Google Play. If you don't already subscribe then contact us at employment@morton-fraser.com to receive our monthly employment law updates. As well as providing updates on key employment law developments, our monthly e-news also provides details of free employment law seminars that we run throughout the year. For further information please contact Innes Clark on 0131 247 1181 or at innes.clark@mortonfraser.com.
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